Asokan. R v. The Authorised Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.19316 of 2022 R.Asokan ... Petitioner -vs1.The Authorised Officer Union Bank of India Kalayarkoil Branch Annai Complex Arulsamy Building Madurai Thondi Road Kalayarkoil Sivagangai District 2.The Branch Manager Union Bank of India Kalayarkoil Branch Annai Complex Arulsamy Building Kalayarkoil Sivagangai District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned order passed by the fist respondent in Crl.M.P.No.3359 of 2022, dated 05.08.2022 and quash the same as illegal.

For Petitioner :

Mr.A.Shajahan For Respondents :

Mr.N.Dilip Kumar, Standing Counsel

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The order, dated 05.08.2022, passed in Crl.M.P.No.3359 of 2022, by the Chief Judicial Magistrate, Sivagangai, is sought to be quashed in the present writ petition.

2. An order passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, "the SARFAESI Act") is assailable by an appeal under Section 17 of the SARFAESI Act before the jurisdictional Debts Recovery Tribunal. Granting fifteen days time from the date of receipt of a copy of this

order to the petitioner to approach the jurisdictional Debts Recovery Tribunal, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [V.L.N., J.] 20.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Chief Judicial Magistrate, Sivagangai.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) No.19316 of 2022 20.12.2023